House passes resolution to stop Trump's emergency declaration; Senate next

President Trump declared a national emergency to free up funding for his border wall between the U.S and Mexico. But declaring a national emergency isn’t new -- in fact, the use of emergency powers is older than the country itself.
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WASHINGTON – The House voted 245 to182 Tuesday to block President Donald Trump's declaration of a national emergency along the southern border, but Democrats didn’t win enough support from Republicans to overcome Trump’s threatened veto.

Only 13 Republicans joined all Democrats in backing the measure, even though many had warned against the declaration.

The GOP-controlled Senate must weigh in on the "privileged resolution" within 18 days.

Vice President Mike Pence and legal experts discussed the emergency declaration with Republican senators during their weekly caucus lunch Tuesday. Several senators said afterward they were still processing the information.

“One thing that’s not in debate in our conference – we really do think there’s a crisis at the border,” said Majority Leader Mitch McConnell of Kentucky. “There are different points of view about how to address that.”

Trump declared an emergency this month after Congress sent to the president a bipartisan funding bill that failed to meet his demand for $5.7 billion for a wall along the U.S.-Mexico border. Trump took the action to free up billions from other sources to pay for the barrier.

"If the president is successful in getting his way on this, rest assured he will come back, he will try this again, probably on other issues, as will future presidents. The Congress must step up," said Rep. Joaquin Castro, the Texas Democrat leading the effort.

Hours before the vote, Trump formally threatened to veto the legislation.

Trump formally threatens to veto the resolution to cancel his emergency declaration for the border wall. pic.twitter.com/qqaxT8CXsk

House Speaker Nancy Pelosi said the core of the Constitution that lawmakers swore to uphold is the separation of powers between the three branches of government.

"Perhaps it’s time for our country to have a civics lesson," Pelosi said before the vote. "Our founders rejected the idea of a monarch."

A woman walks on the beach next to a border barrier in Tijuana, Mexico Jan. 9, 2019. President Donald Trump has declared a national emergency to secure billions of dollars to build more barrier along the U.S.-Mexico border and Democrats are trying to halt the declaration.(Photo: Gregory Bull, AP)

As the resolution moves to the Senate, here's what you need to know:

Which Senate Republicans have said they’ll support the measure?

The national emergency has been controversial for Republicans, many of whom warned the president his move could set a bad precedent. But it is unclear how many will publicly oppose the president and vote to terminate the order.

On Monday night, North Carolina Sen. Thom Tillis, a Republican, announced he would vote in favor of a resolution that disapproved of the national emergency in an op-ed in the Washington Post.

"As a U.S. senator, I cannot justify providing the executive with more ways to bypass Congress," Tillis wrote. "As a conservative, I cannot endorse a precedent that I know future left-wing presidents will exploit to advance radical policies that will erode economic and individual freedoms."

Will the resolution pass the Senate?

After passing the House on Tuesday, the resolution must be taken up within 18 days by the Senate, where its future remains unclear.

Most legislation that comes up in the Senate requires 60 votes to pass. However, because this resolution is considered "privileged," it needs just 51 votes, increasing the chances of passage. There are 47 Senate Democrats – none of whom have spoken against the resolution – so if the Democrats stay unified only four Republicans would need to cross party lines. Tillis, Collins and Murkowski already have said they would if the legislation remains the same as it was introduced.

Why does this resolution get special treatment?

Normally legislation comes up for a vote at the discretion of the speaker or majority leader. That means if a lawmaker introduces legislation the leadership doesn't want to deal with, the bill may not be brought up for a vote. But because this resolution comes from the National Emergencies Act, once it is introduced it must come up for a vote.

Are there other options?

If Congress is unable to halt the national emergency through the legislative process, members could still file lawsuits, a move Pelosi did not rule out during a press conference last week.

California and 15 other states have already filed a lawsuit over the declaration, arguing it exceeds the power of the president and unconstitutionally redirects federal money that would have gone to their states.

And the liberal watchdog group Public Citizen filed a lawsuit on behalf of Texas landowners who were told their property would be seized for the wall.

Rep. Maxine Waters, D-Calif, addresses demonstrators at a rally on the steps of Los Angeles City Hall against President Trump's declaration of national emergency to build a border wall. ROBERT HANASHIRO, USA TODAY

Elizabeth Tinker carries a banner while marching as part of the National Day of Action against President Donald Trump's "National Emergency" at the Wayne State University campus in Detroit. Ryan Garza, USA TODAY NETWORK

A Trump supporter holding an American flag confronts a security guard as Rep. Maxine Waters (D-Calif.) addresses demonstrators on the steps of Los Angeles City Hall. The crowd was gathered to protest against President Trump's declaration of emergency to build a border wall. Robert Hanashiro, USA TODAY

Sandra Vaughn leads others on a march through the campus of Wayne State University in Detroit while participating in a rally as part of the National Day of Action against President Donald Trump's "National Emergency". Ryan Garza, USA TODAY NETWORK

A demonstrator holds a sign during a demonstration organized by the American Civil Liberties Union (ACLU) protesting President Trump's declaration of emergency powers outside of The White House in Washington. Zach Gibson, Getty Images

Cathy Clark holds a sign and yells during a protest in downtown Fort Worth, Texas. People gathered on the Presidents Day holiday to protest President Trump's recent national emergency declaration. LM Otero, AP

Protestors march down Vine Street on Monday, Feb. 18, 2019, in Cincinnati, in response to President Donald Trump's national emergency declaration. The protests are opposing the order signed Friday that freed up billions to construct a wall along the southern U.S. border with Mexico. ORG XMIT: OHCIN104 (Via OlyDrop) Albert Cesare / USA TODAY Network

Protestors march down Vine Street on Monday, Feb. 18, 2019, in Cincinnati, in response to President Donald Trump's national emergency declaration. The protests are opposing the order signed Friday that freed up billions to construct a wall along the southern U.S. border with Mexico. ORG XMIT: OHCIN104 (Via OlyDrop) Albert Cesare / USA TODAY Network

Protestors march down Garfield Place on Monday, Feb. 18, 2019, in Cincinnati, in response to President Donald Trump's national emergency declaration. The protests are opposing the order signed Friday that freed up billions to construct a wall along the southern U.S. border with Mexico. ORG XMIT: OHCIN104 (Via OlyDrop) Albert Cesare / USA TODAY Network

People protest against US President Donald Trumps national emergency declaration near the White House on February 18, 2019 in Washington,DC. - The event is part of a national mobilization effort with protests to be held throughout the country. US President Trump on February 15, 2019 invoked a "national emergency" to justify tapping military and other funds for barrier construction, after Congress approved less than a fourth the $5.7 billion he had sought for border security. (Photo by Brendan SMIALOWSKI / AFP)BRENDAN SMIALOWSKI/AFP/Getty Images ORIG FILE ID: AFP_1DL279 BRENDAN SMIALOWSKI, AFP/Getty Images

People walk past an activist dressed as President Trump as others gather for a President's Day protest against US President Donald Trump immigration policy in Lafayette Square near the White House in Washington. BRENDAN SMIALOWSKI, AFP/Getty Images